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Acceptance of Grant of Easement for Sanitary Sewer Utility_Edwards Road/Walen and Walling Copyrig hted J uly 6, 2020 City of Dubuque Consent Items # 14. City Council Meeting ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utilityfrom Melissa N. Walen, Edwards Family Realty Company, L.C. and Bonnie R. Walling SUM MARY: City Manager recommending acceptance of Grants of Easement for Sanitary Sewer Utility across parts of Lot 1 and Lot 2 of Walen Acres, Part of Lot 2 of Beverly Pines No. 2, and part of Lot 2-2 of Beverly Pines as part of the extension of the sanitary sewer. RESOLUTION Accepting Grants of Easement for Sanitary Sewer Utility associated with the Edwards Road Sanitary Sewer Project, in the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Acceptance of Grant of Easement for Sanitary Sewer- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Walen Easement Supporting Documentation Edwards Easement Supporting Documentation Walling Easement Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility from Melissa N. Walen, Edwards Family Realty Company, L.C. and Bonnie R. Walling across parts of Lot 1 and Lot 2 of Walen Acres, part of Lot 2 of Beverly Pines No. 2, and part of Lot 2-2 of Beverly Pines, in the City of Dubuque, I owa DATE: June 26, 2020 City Engineer Gus Psihoyos recommends City Council acceptance of Grants of Easement for Sanitary Sewer Utility across parts of Lot 1 and Lot 2 of Walen Acres, Part of Lot 2 of Beverly Pines No. 2, and part of Lot 2-2 of Beverly Pines as part of the extension of the sanitary sewer. I concur with the recommendation and respectfully request Mayor and City Council approval. v � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF � AII�Ameriea Cipl DuB E � v, ;���� ��� , I I Maste iece on the Mississi i Z°°'�Z°1Z'z°13 � pp zoi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: June 26, 2020 SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility Melissa N. Walen, Edwards Family Realty Company, L.C. and Bonnie R. Walling across parts of Lot 1 and Lot 2 of Walen Acres, part of Lot 2 of Beverly Pines No. 2, and part of Lot 2-2 of Beverly Pines, in the City of Dubuque, I owa INTRODUCTION The purpose of this memorandum is to seek acceptance of Grants of Easement for Sanitary Sewer Utility across parts of Lot 1 and Lot 2 of Walen Acres, part of Lot 2 of Beverly Pines No. 2, and part of Lot 2-2 of Beverly Pines, in the City of Dubuque, lowa, as part of the Sanitary Sewer Construction Project. DISCUSSION The property owners Melissa N. Walen (Walen) and Edwards Family Realty Company, L.C. (Edwards) requested the extension of the public sanitary sewer from Lot 2-2 of Beverly Pines through the Walen and Edwards property to serve existing and future buildings. The City entered into a construction agreement with Walen and Edwards for the extension of a public sanitary sewer to serve their properties. The construction agreement states that the City, Walen and Edwards would share in the cost of the construction of the project. Edwards would be responsible for the total actual construction costs and Walen will pay Edwards for all costs associated with the installation of sanitary sewer from the City main to the Walen property. The sanitary sewer is located in public street right of way but does encroach on the property owned by Walen and Edwards. The agreement states that Walen and Edwards will dedicate the sewer improvements and easement to the City for the purpose of constructing, operating and maintaining the sanitary sewer across the property. A portion of the new sanitary sewer extension encroaches on the Bonnie R. Walling (Walling) property at the northern end of her driveway off of Miller Road. Walling has executed a grant of easement to the City for this encroachment. The grants of easement and plats are shown in the attached exhibits. RECOMMENDATION I recommend accepting the Grants of Easement for Sanitary Sewer Utility across parts of Lot 1 and Lot 2 of Walen Acres, part of Lot 2 of Beverly Pines No. 2, and part of Lot 2-2 of Beverly Pines, in the City of Dubuque, lowa, as shown on the exhibits attached to the Grants of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the dedication of Grants of Easement for Sanitary Sewer Utility from Walen, Edwards, and Walling through the adoption of the enclosed resolution. 2 11 11 11 111111 11 11 11 11 Doc ID 010527040005 Type GEN Kind: EASEMENT Recorded: 07/09/2020 at 02:13:06 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder File 2 02 0-000098 94 Preparedby: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, lowa 52001 (563)589-4270 -Return to: Nate Kieffer, Cityof Dubuque, 50 W. 13th Street, Dubuquedlowa 52001(563)589-4270 GRANT OF EASEMENT FOR SANITARY SEWER UTILITY For and in consideration of the Ten and 00/100's Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Bonnie R. Walling, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, lowa, to wit: Part of Lot 2-2 of Beverly Pines, in the City of Dubuque, Iowa, as shown on ExhibitA attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining a sanitary sewer utility and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Together with the right to enter upon said property during the period of construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said sanitary sewer and appu rten an ces. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. 27od (5) City Ennineer Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass and existing driveways, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the sanitary sewer main utility. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass and existing driveways, that encroach in the proposed easement. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said sanitary sewer utility thereon or therein. Dated at Dubuque, Iowa this ` day of STATE OF IOWA, , 2020. Bonnie R. Walling NOTARY PUBLIC COUNTY OF DUBUQUE, SS: On this ✓ Th' day of -,rtiNE , A.D., 2020 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Bonnie R. Walling to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. o T. Commission sion KIEFFERSSELL N Number778626 ? AQQ� My commission Expires /owh May 24, 2022 -0A4A ---(A 1v Notary Public In and For Said State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque bAgg All -America City 1 I / 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 05-29-2020 PART OF LOT 2-2 IN BEVERLY PINES CITY OF DUBUQUE, IOWA C.I.P. Number: Sheet Number: 1 of 1 NORTH 0 20' 40' SCALE 1" = 40' FEET PD.t.IR MORAN. PLASTIC CAP LOT 2 WMEN ACRES PER INST. N0. 2019-13774 80' N88° 05' 54"E 179.00' (179.06') WIREDON REROD PLASM CAP AT'PECo LOTS WALEN ACRES LOT 2 8EVERLY PINES NO. 2 PER INST. NO. 8391-9S "EOT2 BEVERLY PINES NO.2 LOT 2 BEVERLY PINES NO. 2 PER INST. NO. 8391-95 S80° 07' 36"W 921 450.13' (450.- 0 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. For the City of Dubuque 1 A1 07-o/-Z020 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY 20' WIDE PERMANENT SANITARY_ SEWER UTILITY EASEMENT S09° 49' 27"E 11.52' S88° 10' 14"W 110.37' S09° 49' 27"E 38.30' 7 ' r r 59'(103.52) EXIST. SAN. V SEWER & MANHOLE ` FD }' IRON ROD ATEECORNERLDT2 - NEVERLYJINESN02 NOTES: .32 POI." IRON PIPE LOT 2-2 BEVERLY PINES N730 21' 44„ N84° 35, 12'V --®- PD 1.25"IRON PIPE • S73 ° 0 4 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: BONNIE R. WALLING 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA 4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. LEGEND �y0 R.O.W. (100.00') FOUND IRON ROD/PIPE SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE - PROPOSED EASEMENT LINE 9. E. WIDE".'"." "PRYS EREIIST. NO. 20093821 /PD. 1.25" IRON PIPE S)O r (4,46>°6, etiso'Ssry 1 •521 (14j t. PL NE3-2 SEAM 7, ..ti\ �ON,V/ FD. 115"IRON PIPEN S32° 02' 05"W 14.06' (DIMENSION LINE ONLY) CITY OF DUBUQUE EXHIBIT A - SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. JOB NO. PROJECT EDWARDS ROAD SAN. SECTION TWPRANGE ROW —FEE NIA EXIST. ROAD NIA PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 2-2 OF BEVERLY PINES OWNER BONNIER. WALLING Prepared by: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 195-20 ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY ASSOCIATED WITH THE EDWARDS ROAD SANITARY SEWER PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Melissa N. Walen, has executed a Grant of Easement for Sanitary Sewer Utility across Parts of Lot 1 and 2 of Walen Acres, in the City of Dubuque, Iowa; and Whereas, Edwards Family Realty Company, L.C., has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 2 of Beverly Pines No. 2, in the City of Dubuque, Iowa; and Whereas, Bonnie R. Walling, has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 2-2 of Beverly Pines, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Sanitary Sewer Utility, across the properties as Listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of July 2020. 29,/‘,/ Roy D. Buol, Mayor Attest: Kevir{S. Firnstahl, CIVIC, City Clerk CERTIFICATE of tie CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 195-20 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of July, 2020. Kevin . Firnstahl, CMC,C,ity Clerk 0 A w 11 i V Doc ID. 010527030005 Type GEN Kind: EASEMENT Recorded: 07/09/2020 at 02:12:26 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2020-00009898 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR SANITARY SEWER UTILITY For and in consideration of the Ten and 00/100's Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, EDWARDS FAMILY REALTY COMPANY, L.C., ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 2 of Beverly Pines No. 2, in the City of Dubuque, Iowa, as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining a sanitary sewer utility and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Together with the right to enter upon said property during the period of construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said sanitary sewer and appurtenances. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. 2700 ASS? City Evic Yeer Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass and existing driveways, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the sanitary sewer main utility. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass and existing driveways, that encroach in the proposed easement. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said sanitary sewer utility thereon or therein. Dated at Dubuque, Iowa this Z S day of �A.0 , 2020. EDWARDS FAMILY REALTY CO., L.C. By �,u'Lgi-A NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this .).? day of dilc y , A.D., 2020 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared her74 8 . eoctra,,- to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. Notary Public In and For Said State /OWN CARLA M THOMAS Commission Number 198930 My Commission Expires Jo / (5' 17 Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 O R.O.W. (100.00') NOTES: Dubuque kiAgg All -America City 1 ' 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 05-28.2020 PART OF LOT 2 IN BEVERLY PINES NO. 2 CITY OF DUBUQUE, IOWA C.LP. Number: ISheet Number: 1 of 1 NORTH 0 10' 20' SCALE 1" = 20' FEET LOT 1 ■ WALEN ACRES 40' PER INST. NO. 2019-13774 N88° 05' 01"E 264.77' (265.02') FD. MAGNAIL MONUMENT AT SW CORNER LOT 1 WALEN ACRES LEGEND • FOUND IRON ROD/PIPE SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE LOT 2 BEVERLY PINES NO. 2 PER INST. NO. 8391-95 FD." IRON REROD W/ORANGE PLASTIC CAP "KOELKER 15487" AT SE CORNER LOT 1 WALEN ACRES LOT 2 WALEN ACRES PER INST. NO. 2019-13774 N88° 05' 54"E 19.70' EXIST. SAN. SEWER & MANHOLE RIGHT OF WAY LINE PROPOSED EASEMENT LINE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: EDWARDS FAMILY REALTY COMPANY, L.C. 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA 4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. N88° 05' 54"E 159.30' N88° 05' 54"E 179.00' (179.06') N64 20' WIDE PERMANENT SANITARY SEWER UTILITY EASEMENT I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. For the City of Dubuque ''"14/1e1. l 61-0/-2d Zd Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY 43,7900/ �29 3 LOT 2 BEVERLY PINES NO. 2 PER INST. NO. 8391-95 FD. NAIL MONUMENT AT SW CORNER LOT 2 BEVERLY PINES NO. 2 FD.I" IRON REROD W/RED PLASTIC CAP "# 12631" AT SE CORNER LOT 2 WALEN ACRES LOT 2 BEVERLY PINESNO. 2 PER INST. NO. 8391-95 S88° 10' 14' W 39.87' S8O° 07 3611W 450m13' (450.22) FD. 1" IRON PIPE S09° 49' 27"E 11.52' LOT 2-2 BEVERLY PINES S09° 49' 27"E 38.30' FD. I" IRON ROD AT SE CORNER LOT 2 BEVERLY PINES NO. 2 CITY OF DUBUQUE EXHIBIT A - SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. JOB NO. PROJECT EDWARDS ROAD SAN. SECTION TWPRANGE ROW —FEE NIA EXIST. ROAD NIA PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 2 OF BEVERLY PINES NO. 2 OWNER EDWARDS FAMILY REALTY COMPANY, L.C. Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 195-20 ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY ASSOCIATED WITH THE EDWARDS ROAD SANITARY SEWER PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Melissa N. Walen, has executed a Grant of Easement for Sanitary Sewer Utility across Parts of Lot 1 and 2 of Walen Acres, in the City of Dubuque, Iowa; and Whereas, Edwards Family Realty Company, L.C., has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 2 of Beverly Pines No. 2, in the City of Dubuque, Iowa; and Whereas, Bonnie R. Walling, has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 2-2 of Beverly Pines, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of July 2020. d A2/L/ Roy D. Buol, Mayor Attest: Kevin'S. Firnstahl, Mt, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 195-20 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of July, 2020. Kevii S. Firnstahl', CMS, City Clerk r iu Doc ID: 010527050005 Type GEN Kind: EASEMENT Recorded: 07/09/2020 at 02:13:29 PM Fee Amt: $27.00 Paqe 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2020-00009895 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR SANITARY SEWER UTILITY For and in consideration of the Ten and 00/100's Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Melissa N. Walen, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Parts of Lot 1 and 2 of Walen Acres, in the City of Dubuque, Iowa, as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining a sanitary sewer utility and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Together with the right to enter upon said property during the period of construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said sanitary sewer and appurtenances. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. 27°0 (5?? Ctiv Fr c n eer Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass and existing driveways, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the sanitary sewer main utility. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass and existing driveways, that encroach in the proposed easement. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said sanitary sewer utility thereon or therein. Dated at Dubuque, Iowa this day of By: , 2020. N,elissa N. Walen NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this ` day of 01Ct , A.D., 2020 before me, the undersigned, a Notary Public in and for saidCCounty, in said State, personally appeared Melissa N. Walen to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. otary Public In and For Said State ,o JOAN L ThftL Commission Numb r T 2 Q My Comm, Exp, MAF ?5 g@ 1 Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque bgbi All -America City 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 05-27-2020 PART OF LOTS 1 AND 2 IN WALEN ACRES CITY OF DUBUQUE, IOWA C.I.P. Number: Sheet Number: 1 of 1 NORTH 0 10' 20' SCALE 1" = 20' FEET 40' FD. MAGNAIL MONUMENT AT SW CORNER LOT 1 WALEN ACRES LOT 1 WALEN ACRES PER INST. NO. 2019-13774 149.05' (149.02') EXIST. SAN. SEWER & MANHOLE N88° 05' 54"E 13.07' N01 ° 21' 06"W 20.00'-� N88° 05' 01"E 264.77' (265.02') N88° 05' 01"E 10.00' I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. For the City of Dubuque 704 2►. (o Russell N. Kieffer Iowa Lic. No. 18128 My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY Date LOT 2 BEVERLY PINES NO. 2 PER INST. NO. 8391-95 FD.f" IRON REROD W/ORANGE PLASTIC CAP "KOELKER 15487" AT NE CORNER LOT 1 WALEN ACRES LOT 2 WALEN ACRES PER INST. NO. 2019-13774 LEGEND O R.O.W. (100.00') NOTES: FOUND IRON ROD/PIPE SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSED EASEMENT LINE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: MELISSA N. WALEN 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA 4. THIS EASEMENT PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. PERMANENT SANITARY SEWER UTILITY EASEMENT N64° 03' 19"W 42.82' N88° 05' 54"E 179.00' (179.06') N88° 05' 54"E 41.12' FD.I" IRON REROD W/ORANGE PLASTIC CAP "KOELKER 15487" AT SE CORNER LOT 1 WALEN ACRES FD.I" IRON REROD W/RED PLASTIC CAP °'# 12631" AT SE CORNER LOT 2 WALEN ACRES CITY OF DUBUQUE EXHIBIT A - SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. JOB NO. PROJECT EDWARDS ROAD SAN. SECTION TWP�RANGE ROW —FEE NIA EXIST. ROAD NIA PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 1 AND 2 OF WALEN ACRES OWNER MELISSA N. WALEN Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque 50 W. 13th Street Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 195-20 ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY ASSOCIATED WITH THE EDWARDS ROAD SANITARY SEWER PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Melissa N. Walen, has executed a Grant of Easement for Sanitary Sewer Utility across Parts of Lot 1 and 2 of Walen Acres, in the City of Dubuque, Iowa; and Whereas, Edwards Family Realty Company, L.C., has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 2 of Beverly Pines No. 2, in the City of Dubuque, Iowa; and Whereas, Bonnie R. Walling, has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 2-2 of Beverly Pines, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of July 2020. ti Attest: Kevin/S. Firnstahl, CMS , City Clerk Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 195-20 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of July, 2020. Kevin S. Firnstahl, CM , City Clerk